Back
IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Mitali Thakuria
Md Nurul Islam, S/O Late Eusuf Ali – Appellant
Versus
Musstt Sufia Khatun D/O Md. Asiruddin – Respondent
JUDGMENT :
Mitali Thakuria, J.
Heard Mr. Darakullah, learned counsel for the petitioner. Also heard Mr. S. Nawaz, learned counsel for the respondent No. 1 and Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent No. 2.
2. This is an application under Sections 397 /401 of the code of Criminal Procedure, 1973, against the impugned judgment and order dated 16.10.2023 passed by the learned Additional Session Judge No. 2, Nagaon in Criminal Appeal No. 42/2023 in connection with DV Case No. 609/2018 under Section 2 9 of the Protection of Women from Domestic Violence Act, 2005 whereby, the appeal was admitted for hearing subject to payment of 50% of the maintenance amount to the aggrieved till disposal of the appeal.
3. The case of the petitioner, in brief is that, the respondent No. 1 and the petitioner are husband and wife, having married in the year 2016 under Mohammaden Law. However, allegations were made against the present petitioner, stating that the respondent No. 1 was subjected to physical and mental torture by the petitioner and other family members in various ways. Accordingly, the respondent No. 1 filed a petition under Section 12 of the Protection of
The court upheld the broader definition of 'domestic relationship' in the Protection of Women from Domestic Violence Act, allowing maintenance claims from individuals in non-legally recognized marria....
Interim maintenance can be granted based on prima facie evidence, allowing for future rebuttal, as established under the Protection of Women from Domestic Violence Act.
The court established that applications for maintenance under the D.V. Act must be properly categorized, and the Magistrate has the authority to modify maintenance orders based on changed circumstanc....
Entitlement to maintenance under the Domestic Violence Act is not contingent on property rental arrangements; such conditions violate the statutory framework.
A wife must establish a prima facie case of domestic violence to be entitled to interim maintenance under the Domestic Violence Act, considering both parties' financial statuses.
Maintenance under the Domestic Violence Act is supplementary to that under Section 125 of the CrPC, and previous awards must be disclosed and considered in subsequent claims.
The main legal point established in the judgment is the court's discretion in modifying maintenance orders and the consideration of the financial status and obligations of the parties.
There is no bar to seek maintenance under different statutes, and the amount awarded should not overlap and should be inclusive of maintenance under each jurisdiction and not exclusive.
The court reaffirmed that maintenance for a wife and child should be awarded from the date of application, emphasizing the husband's legal obligation to provide support.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
